Plant Improvement Act, 1976 (Act No. 53 of 1976)

Regulations

Regulations relating to Establishments, Varieties, Plants and Propagating Material

Chapter VIII : Marking and labelling of plants and propagating material

35. Marking and labelling of plants

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(1) Subject to the provisions of subregulation (4), a plant that is sold without an authority referred to in section 13 of the Act shall be furnished with a label on which is indicated in clearly legible symbols, letters and figures—

[Words preceding Regulation 35(1)(a) substituted by Notice No. R. 1287 of 14 June 1985]

(a) the recognised name of the kind to which such plant belongs;
(b) the denomination which is generally used for the variety concerned, unless the registrar determines otherwise in respect of a particular kind of plant;
(c) in the case of a plant referred to in regulations 31(2), (3) and (4) that has been grafted into a rootstock, also the particulars referred to in paragraphs (a) and (b) in respect of such rootstock;

[Regulation 35(1)(c) substituted by Notice No. R. 849 of 2 September 2005]

(d) the name and address of the establishment where such plant is sold or was grown: Provided that where such plant is resold, the name and address of the establishment from which it was obtained, may also, or instead thereof, be indicated;
(e)the lot number of the lot of plants to which such plant belongs.

[Regulation 35(1)(e) inserted by Notice No. R. 1590 of 27 August 1993]

 

(2) If a plant referred to in subregulation (1) is certified, the label in respect of such plant shall also contain—
(a) [Regulation 35(2)(a) deleted by Notice No. R. 1590 of 27 August 1993]
(b) the number of the certificate issued in respect of the lot concerned; and
(c) the further information which shall appear on such label in terms of the scheme concerned.

 

(3) The appropriate information referred to in subregulations (1) and (2)—
(a) may be indicated as an alternative on a container in which a plant grows when sold, or on a label attached to such container; and
(b) may, in the case where plants are packed in bundles, be indicated on a label attached to each separate bundle.

[Regulation 35(3) substituted by Notice No. R. 1389 of 26 June 1987]

 

(4) The provisions of subregulation (1) shall not apply to the sale of plants that are cultivated in containers and supplied on a large scale direct to a producer for commercial planting: Provided that—
(i) such producer shall take delivery of the plants at the nursery, or the nursery concerned shall deliver the plants direct to the producer at his premises; and
(ii) the information referred to in subregulation (1) is furnished in an accompanying invoice.

[Regulation 35(4) inserted Notice No. R. 1389 of 26 June 1987]